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Rusk v. State

Court of Special Appeals of Maryland

406 A.2d 624 (1979)

Relevant factsFree

Edward Salvatore Rusk (defendant) met the victim at a bar and, after a short conversation, asked her for a ride home; she agreed, and when they arrived at his apartment she parked but left the ignition running and refused his request to come inside. Rusk took her keys from the ignition and asked again, and she testified she went inside because she was scared and didn't know what else to do; once in his room, as he undressed her and she began crying, he lightly choked her, and she testified she complied because of the look in his eyes, after which they had intercourse.

IssueFree

Whether, to justify a conviction for rape in Maryland, it is necessary to demonstrate that the victim resisted.

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